Jamison v. Weaver
Supreme Court of Iowa
Appeal from Jones District Gowrt. — Hon. James D. Grip fen, Judge. Action in equity to enjoin the collection of, and to cancel, a judgment entered on an account in the circuit court of Jones county, Iowa, against this plaintiff, on default of appearance, at the March term, 1873, in a case wherein H. GL Beel & Co. were, plaintiffs, and W. H. Ireland and this plaintiff were defendants, of which judgment the appellant Weaver is the assignee.
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Appeal from Jones District Gowrt. — Hon. James D. Grip fen, Judge. Action in equity to enjoin the collection of, and to cancel, a judgment entered on an account in the circuit court of Jones county, Iowa, against this plaintiff, on default of appearance, at the March term, 1873, in a case wherein H. GL Beel & Co. were, plaintiffs, and W. H. Ireland and this plaintiff were defendants, of which judgment the appellant Weaver is the assignee. A decree was entered for the plaintiff, from which the defendant Weaver appeals.
1Opinion of the CourtGtven, J.
I. The ground upon which the appellee demands that the judgment in question he canceled is 1. Judgment: vacation of: service of notice: evidence. that no notice was served upon him of the pendency of the action, wherefore he claims that the judgment is absolutely *613void. The judgment entry recites due and legal service of notice, and default for want of appearance. There is no question, therefore, of waiver of notice by appearance or otherwise, but the question is whether notice was served on the appellee. The law is well established that without service of notice or appearance the court had no…
2Cases cited6 opinions
- Newcomb v. DeweySupreme Court of Iowa · 1869
- Bradley v. JamisonSupreme Court of Iowa · 1877
- Gerrish v. HuntSupreme Court of Iowa · 1885
- Gerrish v. SeatonSupreme Court of Iowa · 1887
- Stone v. SkerrySupreme Court of Iowa · 1871
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Buck v. Hawley & HoopsSupreme Court of Iowa · 1906
- Weaver v. StacySupreme Court of Iowa · 1895
- Iowa Savings & Loan Ass'n v. ChaseSupreme Court of Iowa · 1902
- Shehan v. StuartSupreme Court of Iowa · 1902
- Squires v. JeffreySupreme Court of Iowa · 1897
4 more not listed; retrieve them via the Exa API.